CHILD PORNOGRAPHY ON THE INTERNET

With the rise of Internet use, child pornography on the Net has been growing. It is estimated that there are 80,000 pornographic sites on the World Wide Web.

By Chitaporn Vanaspong

(24 Jun 98 11:37)

Sam Manzie was 14 years old when he first met 43-year-old Stephen Simmons in an Internet Chat Room. Sam lived in New Jersey, Simmons lived in Long Island. Shortly afterwards, Simmons persuaded Sam to meet him and they did so for the first time on 10 August 1996. Sam was sexually abused. They met for sex several times again between August and December 1996, usually at motels. Simmons took photographs of Sam in the nude.
In August of 1997 Sam's parents discovered what happened. They arranged for him to have counselling and informed the police who then seized Sam's hard drive looking for evidence against Simmons.
In September Sam warned Simmons that the police were coming after him.
On 24 September, Sam's parents tried to get him committed for psychiatric help: he was full of rage and remorse. The authorities refused to admit Sam to hospital. On the same day Simmons was arrested in New York.
On 27 September, an 11-year-old boy from the neighbourhood called at Sam's house to sell candy to raise funds for his school.
Sam lured him into the house, sexually assaulted him and then killed him. Two days later the police found the body near by.
Sam was charged with murder. Further charges were laid against Simmons.
('Child Pornography on the Internet' by John Carr)
Child pornography on the Internet has come to light recently because the Internet itself is developing so rapidly. In the last decade, it has gone from being an obscure resource used occasionally, mainly by academics, to being a mass medium used by approximately 100 million people globally. The figure is growing every month.
The Internet has become a place where child pornographers and child abusers go to look for victims. According to a study by US Customs, 80% of all users of child pornography are themselves child abusers.
'There is no doubt that what happens to children in front of the screen, in cyberspace, is as important and worthy of our attention as what happens to children in the real world,' said John Carr in his paper on 'Child Pornography on the Internet'.
The Sam Manzie case demonstrates this fact with chilling clarity. It is a case of 'chicken hawking', which is an abusive term used by paedophiles to describe their use of Internet Chat Rooms to make connections with children that lead on to sex abuse and/or child pornography.
Moreover, child abusers and pornographers create a demand for child pornography. The child abuser often ends up visiting the countries of the South looking for children in the real world.
Child pornography on the Internet has been growing with the rise of Internet use. According to a leading Internet consultancy, Dublin-based NUA Ltd, by the end of 1997 there were roughly 100 million Internet users worldwide. Sixty-four million Internet users are in the US and Canada, 20 million are in Europe, and only 14 million are in Asia and the Pacific.
At the same time, Cheng Kwan Chen, president of Tsuan Chi company in Taiwan, estimated that there are 80,000 pornographic sites on the World Wide Web. At least 200 new pornographic sites beam into our life every day.
The challenge of computerised child pornography and the Internet was raised at the international level at the World Congress Against the Commercial Sexual Exploitation of Children which was held in Stockholm in August 1996. One hundred and twenty-two governments adopted an Agenda for Action in which they agreed to '...develop, strengthen and implement national laws to establish the criminal responsibility of service providers, customers and intermediaries in child pornography, including the possession of child pornography'.
The commitment to eliminate child pornography on the Internet has led to various steps being taken or planned. A number of non-governmental organisations are working in close cooperation with governments, police officers and other experts to combat crime on the Net.
Some governments have moved to fight the problem. In 1997, an innovative new law was passed in Germany to deal with child pornography via the Internet. In the US, the FBI has increased the number of staff members committed to combating computer-related exploitation of minors by 50%. In the UK the Association of Chief Police Officers has established a special working group on computer crime, with a special emphasis on child pornography and paedophile activities.
Even the Internet industry sees the continued presence on the Internet of child pornography and paedophiles as an obstacle to the growth of the Internet market worldwide. As the President of American Online, Steve Case, said: 'Let's face it, we're all parents ourselves, and we all want to work in an industry we can feel proud of.' Recently, Microsoft Web Browser incorporated free filtering and blocking software of a basic kind. Some Internet Service Providers are going to change their contracts with their members to give them the right to withdraw services if those members make inappropriate use of the service, such as supplying or seeking child pornography.
However, as the Internet respects no boundaries, much more needs to be done. Extraterritorial law and enforcement are required to tackle this crime effectively, as well as cooperation among governments, NGOs, and the Internet industry in working together to fight the problem. - Third World Network Features



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WHAT YOU CAN DO
'In the wired world, power is constantly shifting and
devolving away from central authorities, and that requires
individuals to be less passive.' - Esther Dyson, one of the
computer industry's most respected thinkers in the US


Here are some suggestions on actions people can take on child
pornography on the Internet:

* Take the details of the site, and report it to the local police.
In some police forces there will be special units already set up
to monitor the Internet. If there is such a unit, then the
reporting can be made directly to it.
* Complain to the service provider, giving details of the site, and
request the service provider to close down the site.
* Tip off the Hot Line at children@risk.sn.no This is an e-mail
address to which people can report suspected material found on the
Internet. It is operated by an NGO.
* Raise questions in parliament and in the local press about the
adequacy of the laws in the country to protect children from being
exploited in the making of child pornography, or from being exposed
to child pornography and child abusers via the Internet.
* Organise a group locally to discuss ways in which children can be
protected from exposure to paedophiles and child pornography on the
Internet. People need to be educated about the problem.
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CHILD PORNOGRAPHY - HOW EXISTING LAWS WORK
The majority of countries around the world, approximately 130,
rely on general obscenity and general prostitution laws to control
child pornography and child prostitution. As most of the countries
do not have specific legislation on child pornography, many
loopholes need to be tackled. Kathleen Mahoney and Laura Lederer,
in a research project to assess the adequacy of child exploitation
legislation to combat the international trade in child pornography,
examine those loopholes as follows:
Interplay of laws between countries. Child pornographers identify
and travel to countries that have no laws against production of
child pornography, or poorly enforced law. They then export the
child pornography back to countries that have weak or non-existent
distribution laws.
Loopholes in existing laws. Several countries have laws prohibiting
production, distribution, and possession of child pornography, but
there are loopholes in their laws, which makes effective
enforcement very difficult. For example, the Netherlands has a law
prohibiting possession of child pornography, but the law actually
prohibits 'stocking' of child pornography. Stocking is defined as
10 or more items of a certain number of pages each.
Transnational character of the problem. As the Internet does not
respect national boundaries, extraterritorial laws are required to
tackle this crime effectively. Existing laws allow countries to try
one of their own citizens for sex crimes committed against children
in another country.
Child pornography on the Internet. Very few countries have
developed any laws that deal with the Internet or other forms of
advanced telecommunications technology. Some of the legal issues
that need to be answered are:
* Who is legally liable for material placed on a bulletin board
system, and on-line service or on the Internet?
* Where pornography is transmitted by computer and the sending
jurisdiction has a lower legal standard than the receiving
jurisdiction, which should prevail?
* If child pornography is made without using a child, should it
be illegal?
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About the writer: Chitaporn Vanaspong is Editor of ECPAT
Newsletter, in which the above article first appeared (No. 2, April
1998). The newsletter is published quarterly in Bangkok by ECPAT
International, a global network of organisations and individuals
working together for the elimination of child prostitution, child
pornography and the trafficking of children for sexual purposes.

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